User's Manual

10 MPact Location & Analytics Hardware Installation Guide
CORRECTNESS, ACCURACY, OR RELIABILITY OF THE PRODUCTS. Some jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
Limitation of Liability
THE TOTAL LIABILITY OF ZEBRA UNDER THIS AGREEMENT FOR DAMAGES SHALL NOT EXCEED THE FAIR MARKET VALUE OF
THE PRODUCTS LICENSED UNDER THIS AGREEMENT. IN NO EVENT WILL ZEBRA BE LIABLE IN ANY WAY FOR INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST
BUSINESS PROFITS, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT, REGARDLESS OF
WHETHER ZEBRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit limitations
of liability for incidental or consequential damages, so the above exclusions may not apply to you. This Limitation of Liability
provision survives the termination of this Agreement and applies notwithstanding any contrary provision in this Agreement.
Licensee must bring any action under this Agreement within one (1) year after the cause of action arises.
Maintenance
Unless provided for in a separate agreement, Zebra shall not be responsible for maintenance or field service of the Products.
High Risk Activities
The Products are not fault-tolerant and are not designed, manufactured or intended for use or resale as on-line control software
in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the
Products could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Zebra
and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities, and if you elect to use
the Products in any High Risk Activities, you agree to indemnify, defend, and hold Zebra harmless from and against any and all
costs, damages, and losses related to that use.
U.S. Government
If you are acquiring the Products on behalf of any unit or agency of the U.S. Government, the following shall apply. Use,
duplication, or disclosure of the Products is subject to the restrictions set forth in subparagraphs (c) (1) and (2) of the Commercial
Computer Software - Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless being provided to the
Department of Defense. If being provided to the Department of Defense, use, duplication, or disclosure of the Products is
subject to the restricted rights set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013 (OCT 1988), if applicable. Products may or may not include a Restricted Rights notice, or other notice
referring specifically to the terms and conditions of this Agreement. The terms and conditions of this Agreement shall each
continue to apply, but only to the extent that such terms and conditions are not inconsistent with the rights provided to you
under the aforementioned provisions of the FAR and DFARS, as applicable to the particular procuring agency and procurement
transaction.
Assignment
Except as otherwise provided in this section, neither party may assign this Agreement, or any of its rights or obligations under
this Agreement, without the prior written approval of the other party, which will not be unreasonably withheld. Any attempted
assignment, delegation, or transfer without the necessary approval will be void. Notwithstanding the foregoing, for any Zebra
acquisition, merger, consolidation, reorganization, or similar transaction, or any spin-off, divestiture, or other separation of a
Zebra business, Zebra may, without the prior written consent of the other party: (i) assign its rights and obligations under this
Agreement, in whole or in part, or (ii) split and assign its rights and obligations under this Agreement so as to retain the benefits
of this Agreement for both Zebra and the assignee entity(ies) (and their respective Affiliates) following the split.